Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


P.R. Packaging Service v. ACIT (2023) 199 ITD 724 / 221 TTJ 137 / 221 DTR 1 (Mum) (Trib)

S. 36(1)(va) : Any sum received from employees-Employee’s contribution-Belated payment-Entitle to deduction. [S.2(24)(x), 43B, 143(1)(a)]

Garve Motors (P.) Ltd. v. ACIT (2023) 199 ITD 136 (Pune) (Trib.)

S. 36(1)(iii) : Interest on borrowed capital-Diversion of funds-Proportionate interest paid on said diverted funds was to be disallowed.

Garve Motors (P.) Ltd. v. ACIT (2023) 199 ITD 136 (Pune) (Trib.)

S. 30 : Rent rates, taxes, repairs and insurance for buildings-Premises on short-term lease-Allowable as revenue expenditure.

ACIT v. Tupelo Builders (P.) Ltd. (2023) 199 ITD 58 / 221 TTJ 192 (Delhi)(Trib)

S. 28(i) : Business income-Letting out properties-Assessable as income from business and not as income from house property.[S.22)

Akshay Educational & Social Welfare Charitable Trust. v. DCIT (2023) 199 ITD 328 / 222 TTJ 14/ 223 DTR 9 (Patna) (Trib.)

S. 12A : Registration-Trust or institution-Voluntary contributions-Trust is not registered-Corpus donation will form part of taxable income-Failure to produce vouchers disallowance of expenditure is justified. [S. 2(24(iia), 11, 37 (1)]

TVS Charities. v. ITO (2023) 199 ITD 813/224 TTJ 842 (Chennai) (Trib.)

S. 11 : Property held for charitable purposes-Lease rent-Lessee companies were part of same group where trustees of assessee-trust and their relatives held more than 50 per cent of shares, tenants of rented property-Section 13(3) and as provisions of section 13(1)(c) read with section 13(1)(b) were violated-Assessee is not entitled to claim exemption under section 11. [S. 12AA, 13(1)(b), 13(1(c), 13(3)]

TVS Charities. v. ITO (2023) 199 ITD 813 / 224 TTJ 842 (Chennai) (Trib.)

S. 11 : Property held for charitable purposes-Lease of properties-Rental income-Order of the Assessing Officer estimating the income at notional rental income is deleted-Only actual rental income be assessed. [S. 12AA, 13, 22, 23]

Manav Rachana Education Society v. CIT(E) (2023) 199 ITD 589 (Raipur) (Trib.)

S. 10(23C) : Educational institution-Condonation of delay-Commissioner (E) is not vested with any power to condone delay involved in filing application for grant of approval under section 10(23C)(vi) [S. 10(23C)(vi)]

Fernandez Foundation. v. CIT (E) (2023) 199 ITD 37/ 221 TTJ 109 (Hyd) (Trib.)

S. 10(23C) : Educational institution-Hospitals-Treatment at concessional rate provided by hospital to patients accounted for less than 1 per cent of revenue-Denial of exemption is justified. [S. 10(23C)(vi), 12AA, 80G(5)(vi), Companies Act, 2013, S. 8]

Joint CIT (OSD) (E) v. Deccan Education Society. (2023) 199 ITD 424 (Pune) (Trib.)

S. 10 (23C): Educational institution-Donations-not wholly or substantially financed by Government of India-Matter remanded to the file of CIT(A) for reconsideration. [S. 10(23C)(iiiab)]